Draft Law on Temporary Detention, Temporary Imprisonment and Prohibition from Leaving Place of Residence: Do not organize widespread temporary detention cells

Receiving the opinions of National Assembly deputies at the discussion session in the Hall on the draft Law on the Enforcement of Temporary Detention, Temporary Imprisonment and Prohibition from Leaving the Place of Residence, Minister of Public Security, Senior General Luong Tam Quang said that the Ministry of Public Security will study and advise the Government on regulations on the arrangement of temporary detention rooms for border posts far from the temporary detention facility; however, the Ministry's viewpoint is not to organize temporary detention rooms indiscriminately.

On the morning of November 12, under the direction of Vice Chairman of the National Assembly Nguyen Khac Dinh, the National Assembly discussed in the hall the draft Law on Enforcement of Criminal Judgments (amended) and the draft Law on Enforcement of Temporary Detention, Temporary Imprisonment and Prohibition from Leaving Place of Residence.

Vice Chairman of the National Assembly Nguyen Khac Dinh chaired the meeting. Photo: Quang Khanh

Temporary detention cells should be arranged for border guards far from detention facilities.

National Assembly Deputy Ha Tho Binh (Ha Tinh) raised the issue that in recent years, the Border Guard has done a good job of managing and protecting the border, fighting and preventing crimes, contributing to maintaining political security and social order and safety in border and island areas.

National Assembly Deputy Ha Tho Binh (Ha Tinh) speaks. Photo: Ho Long

However, the current law only stipulates that Border Guard Stations in remote and isolated areas are allowed to arrange temporary detention cells. To overcome difficulties, obstacles and shortcomings in the enforcement of the law on temporary detention and imprisonment by the Border Guard force, delegate Ha Tho Binh proposed to remove the phrase "provincial level" after the phrase "Border Guard Command" in Clause 2, Article 20 of the draft Law, to ensure consistency with Article 21 of the 2020 Vietnam Border Guard Law, amended and supplemented in Clause 5, Article 5 of the Law amending and supplementing Article 11 on the Law on Military and National Defense.

In addition, the delegate also proposed to revise Point d, Clause 1, Article 9 in the direction: "The detention cells of border stations, the Border Guard Command of border gates and ports have the authority to conduct a number of investigation activities".

Vice Chairman of the National Assembly Nguyen Khac Dinh chaired the meeting. Photo: Quang Khanh

At the same time, amend the provisions in Clause 1, Article 13 of the draft Law in the direction: "Border guards and Border Guard Commands at border gates have the authority to conduct a number of investigation activities, organize detention cells to detain, manage, and implement temporary detention regimes for detainees according to the regulations of border guards and other competent persons according to the provisions of the Law on Criminal Procedure".

Delegate Ha Tho Binh also said that according to Articles 35, 110, and 117 of the Criminal Procedure Code, border guards, border gate and port command boards are agencies assigned to conduct a number of investigative activities and have the authority to detain people.

Vice Chairman of the National Assembly, Senior Lieutenant General Tran Quang Phuong and delegates attending the meeting. Photo: Quang Khanh

Pursuant to Article 9 and Article 32 of the Law on Organization of Criminal Investigation Agencies, the Border Guard has the authority to investigate. However, according to the Law on Temporary Detention and Temporary Imprisonment, currently only border guards in remote and isolated areas have temporary detention cells, while border guards and Border Guard Commands at border gates and ports have not yet organized temporary detention cells, because they are not border guards in remote and isolated areas.

This leads to difficulties when border stations, border guards at border gates and ports need to temporarily detain subjects, because the distance to the detention camp in the province is very far, travel conditions are difficult, and there is a lack of means.

Delegates attending the meeting. Photo: Quang Khanh

From that reality, delegate Ha Tho Binh proposed to amend and supplement the Law on Enforcement of Temporary Detention, Temporary Imprisonment and Prohibition of Leaving the Place of Residence in the direction of organizing temporary detention cells at border stations to meet task requirements and minimize violations in the implementation of procedural activities related to temporary detention and temporary detention.

Explaining and clarifying a number of issues of concern to National Assembly deputies, Minister of Public Security, Senior General Luong Tam Quang said that the Ministry of Public Security will review and accept the opinions of National Assembly deputies in the direction of arranging temporary detention cells at border posts stationed far from detention facilities.

Minister of Public Security, General Luong Tam Quang explained and clarified a number of issues of concern to National Assembly deputies. Photo: Quang Khanh

The Minister of Public Security also said that after not organizing the District Police, the Commune Police currently do not arrange temporary detention and custody cells. Therefore, the Ministry of Public Security will plan temporary detention and custody cells to ensure that the assigned agencies can deploy and execute the tasks.

Currently, the draft Law only proposes to arrange temporary detention cells for the Special Zone Police. Based on practical operations, the Minister said that the Ministry of Public Security will study and advise the Government on regulations on the arrangement of temporary detention cells for border posts far from the detention facilities. However, the Minister of Public Security also emphasized the Ministry's viewpoint of not organizing temporary detention cells indiscriminately.

Minister of Public Security, General Luong Tam Quang explained and clarified a number of issues of concern to National Assembly deputies. Photo: Quang Khanh

Supplementing the tasks and powers of temporary detention sub-camps under temporary detention camps

Regarding the duties and powers of temporary detention and temporary detention facilities stipulated in Article 11 of the draft Law, National Assembly Deputy Nguyen Minh Tam (Quang Tri) proposed to supplement the duties and powers of temporary detention sub-camps under temporary detention camps and of heads of temporary detention sub-camps.

The delegate stated that, according to the provisions of Article 9 of the draft Law, the system of agencies implementing temporary detention and temporary imprisonment includes temporary detention sub-camps under provincial-level police detention camps, temporary detention sub-camps under temporary detention camps which are detention facilities with their own seals, independent headquarters and geographical distance from the main headquarters of the detention camp.

National Assembly Delegate Nguyen Minh Tam (Quang Tri) speaks. Photo: Quang Khanh

In order to facilitate and promptly shorten administrative procedures and ensure strict implementation of temporary detention and imprisonment, it is necessary to separately stipulate the necessary duties and powers for the temporary detention sub-camps under the provincial police temporary detention camps and the heads of the temporary detention sub-camps.

Regarding the enforcement of the order prohibiting leaving the place of residence as stipulated in Article 40 of the draft Law, delegate Nguyen Minh Tam proposed to study and add to Clause 2, Article 40 of the draft Law the following content: "In case the person subject to the preventive measure of prohibiting leaving the place of residence has received a summons but does not appear according to the summons, the head of the commune-level police or the military unit that summoned him/her shall make a record and exchange in writing with the person who issued the order prohibiting leaving the place of residence to change the preventive measure to temporary detention", to ensure more strictness and specificity.

Source: https://daibieunhandan.vn/du-an-luat-thi-hanh-tam-giu-tam-giam-va-cam-di-khoi-noi-cu-tru-khong-to-chuc-tran-lan-buong-tam-giu-10395338.html